Global Features of Constitutional Law

By Francois Venter

What are the implications of globalization for the understanding of, research within, and practice of constitutional law as an increasingly comparative field? What method(s) are appropriate for doing constitutional comparison? Why should constitutional judges engage in comparison? How do constitutional States deal with common problems exacerbated by globalization? Partly shackled by superannuated terminology, where is the world of constitutionalism heading? This book confronts these questions. The discussion goes well beyond an introduction: the multi-jurisdictional analysis represents a contribution to the advancement of comparative constitutional law. Although the material is sourced primarily from the constitutional law of the US, Canada, South Africa, and Germany, there are also substantial references to the EU, the UK, and the Netherlands. The considerations brought forward are relevant to virtually every jurisdiction which is part of the global community of the early 21st century. The book has been subject to double blind peer review. One reviewer wrote: "The author comes to balanced and reasonable conclusions in studying the globalisation of constitutional law. The work is richly composed of comparative material and examples from various systems. The author also does not neglect to study the thought of leading comparative lawyers.... It is commendable that abstract questions and problems of law are addressed with reference to concrete examples, thereby bringing difficult problems to life. This is especially true given the many references to case law.... In essence, the work reads well, is well researched and is a worthy addition to comparative law and thought on the problems in this field."

248 pages

Publication Date: 6/1/2010
Format: Paper
ISBN: 9789058505194